Hessel v. Missouri Department of Social Services, Children's Division

400 S.W.3d 813, 2013 WL 1739778, 2013 Mo. App. LEXIS 484
CourtMissouri Court of Appeals
DecidedApril 23, 2013
DocketNo. ED 99340
StatusPublished
Cited by7 cases

This text of 400 S.W.3d 813 (Hessel v. Missouri Department of Social Services, Children's Division) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hessel v. Missouri Department of Social Services, Children's Division, 400 S.W.3d 813, 2013 WL 1739778, 2013 Mo. App. LEXIS 484 (Mo. Ct. App. 2013).

Opinion

KURT S. ODENWALD, Judge.

Introduction

Missouri Department of Social Services, Children’s Division (“Division”) appeals from the trial court’s judgment ordering the Child Abuse and Neglect Review Board (“CANRB”) to review Division’s determination that Mary Hessel (“Hessel”) committed child neglect, and ordering Division to remove Hessel’s name from a registry of persons determined to have committed child abuse or neglect. CANRB refused to review Division’s determination that Hessel committed child neglect because CANRB alleged that an earlier court adjudication concerning the same facts deprived CANRB of jurisdiction over the matter. The trial court granted summary judgment to Hessel on the ground that Hessel was deprived of due process during the prior court proceedings. Because CANRB does not have statutory jurisdiction to review Division’s decision, we vacate the trial court’s judgment and remand for further proceedings.

Factual and Procedural History

The parties do not dispute the underlying facts of this case. On October 25, 2010, Hessel was driving a vehicle occupied by her minor children when she was involved in an accident. An investigation at the scene determined that Hessel had a blood alcohol level in excess of the legal limit. Hessel’s accident prompted a hotline call that reported the incident as possible child neglect. On November 4, 2010, Division investigated the hotline call, and found that the allegations of child neglect were true. Under Section 210.152.4,1 Hes-sel timely requested that CANRB review Division’s determination that Hessel committed neglect. CANRB initially granted review of Division’s decision and set a review date for March 23, 2011.

On December 22, 2010, in a separate action, the St. Louis County Juvenile Office filed child in need of care petitions in the Family Court of St. Louis County (hereinafter “Family Court”) for each of Hessel’s minor children. The Family Court held that Hessel had neglected to [815]*815provide necessary care for her minor children when she drove while intoxicated with her children in the vehicle during the October 25, 2010 accident. The record reflects that Hessel was present and represented by legal counsel during the Family Court adjudication. Hessel’s name was subsequently placed on the central registry.2 The record does not clearly establish whether the basis of Division’s action in placing Hessel’s name on the central registry was its own determination of neglect, or the Family Court order. On January 7, 2011, CANRB sent Hessel a letter stating that due to the Family Court adjudication, CANRB was without power to review Division’s determination of neglect.

Hessel subsequently filed a petition against Division in the trial court. Hessel requested that the trial court either order CANRB to review Division’s determination, or, in the alternative, that the trial court conduct de novo review of the allegations of neglect. Division filed a motion to dismiss Hessel’s action, asserting two separate grounds for dismissal. First, Division argued that the existence of the Family Court order statutorily deprived CANRB of jurisdiction to review Division’s finding. Division argued that dismissal of Hessel’s petition was warranted because she requested CANRB review as a form of relief, and such review was unavailable. Second, Division alleged that Hessel’s action should be dismissed because the Family Court order precluded subsequent de novo review of the same legal issues by the trial court. The parties both submitted filings and exhibits relative to Division’s motion to dismiss, thereby converting Division’s motion to dismiss into a motion for summary judgment. Deeken v. City of St. Louis, 27 S.W.3d 868, 870 (Mo.App. E.D.2000). The trial court issued a judgment that Hessel was entitled to CANRB review because the Family Court proceedings provided Hessel insufficient due process to justify placing her name on the central registry. Therefore, the trial court ordered CANRB to conduct a hearing reviewing Division’s determination of neglect, and that Hessel’s name be removed from the central registry.

The trial court also ruled on Division’s claim that the Family Court order precluded de novo review by the trial court, stating:

[Division] in its request to dismiss the petition cites collateral estoppel, among other things. [Division] does not sufficiently or within the meaning of the statute provide a basis to deny the timely hearing request made by [Hessel]. “Prior adjudication,” does not foreclose [Hessel] of the opportunity to confront the evidence that would be presented against her for the purposes of determining [whether] her name would be appropriate for inclusion in the [central registry].

Accordingly, in its judgment the trial court held that the Family Court ruling did not preclude either CANRB review or de novo trial court review, and denied in its entirety Division’s motion to dismiss.

Division now appeals the trial court’s judgment ordering CANRB to review Division’s finding of neglect, and ordering Division to remove Hessel’s name from the central registry pending CANRB review. Division does not assert a separate point appealing the trial court’s ruling that the Family Court order does not preclude de novo review by the trial court of Hessel’s petition. Accordingly, that part of the trial court’s judgment is affirmed. See M.P. [816]*816v. Missouri Dep’t. of Soc. Serv., 147 S.W.3d 765, 766 (Mo. banc 2004).

Point on Appeal

In its sole point on appeal, Division contends that the trial court erred in ordering CANRB to review Division’s determination that Hessel committed neglect, and ordering Division to remove Hessel’s name from the central registry. Division asserts that the trial court’s judgment was erroneous in that CANRB lacks the statutory authority to review Division’s determination given the related adjudication by the Family Court.

Standard of Review

We review the entry of summary judgment de novo. Rice v. Shelter Mut. Ins. Co., 301 S.W.3d 43, 46 (Mo. banc 2009). We review the record in the light most favorable to the party against whom judgment was entered. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). We will affirm where the pleadings, depositions, affidavits, answers to interrogatories, exhibits, and admissions establish that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Beyerbach v. Girardeau Contractors, Inc., 868 S.W.2d 163, 165 (Mo.App. E.D.1994). On appeal, we give no deference to the trial court’s conclusions of law. ITT, 854 S.W.2d at 376.

Discussion

I. The trial court erred in granting summary judgment to Hessel.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
400 S.W.3d 813, 2013 WL 1739778, 2013 Mo. App. LEXIS 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hessel-v-missouri-department-of-social-services-childrens-division-moctapp-2013.